Telangana HC holds natural justice can be set aside in matters of national security

Hyderabad: The Telangana High Court has ruled that the principles of natural justice need not apply in cases involving national security, rejecting a petition filed by journalist Akram Ali Mohammed challenging the cancellation of his passport without prior notice.

The court made it clear that it could not issue any directions for the re-issuance of the passport.

Passport Office cancelled passport without issuing show cause notice: Petitioner

Akram Ali Mohammed had approached the High Court questioning the decision of the Passport Office to cancel his passport without issuing a show-cause notice. The matter was heard by Justice Nagesh Bheemapaka.

Arguing on behalf of the petitioner, counsel submitted that the petitioner’s passport had expired in 2018 and was renewed thereafter, but was cancelled in 2019 without any prior notice, which was in violation of the principles of natural justice.

Passport Office opposes plea

Opposing the plea, the counsel for the Passport Office informed the court that a confidential communication had been received from the State Intelligence Department, stating that the petitioner was involved in activities prejudicial to national security.

Home Department counsel Mahesh Raje further submitted that the petitioner had links with ISI operatives and that pistols, potassium chloride and other materials were recovered from his possession in the past.

After hearing arguments from both sides, the judge observed that renewal of a passport is not automatic and must be in accordance with government rules.

The court noted that a passport is a travel document issued by the authorities and must be used strictly as per prescribed norms.

The court also observed that since the petitioner’s activities were under police surveillance, his request required careful scrutiny. In view of the allegations that his activities could impact the country’s security and integrity, the court held that the petitioner was not entitled to relief.

Stating that the principles of natural justice do not apply in matters involving public interest and national security, the High Court dismissed the petition.